Terms of Service
Effective on July
03, 2019
Welcome!
We’re excited you’ve decided to use Soulmeet, all of which we refer to
simply as the “Services.”
We’ve drafted
these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our
relationship with you. Although we have tried our best to strip the legalese
from the Terms, there are places where these Terms may still read like a
traditional contract. There’s a good reason for that:
These Terms do indeed form a legally binding contract between you and U+ PTE.
LTD. So please read them carefully.
By using the Services, you agree to
the Terms. Of course, if you don’t agree with them,
then don’t use the Services.
ARBITRATION NOTICE: THESE TERMS
CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF
DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND U+ PTE. LTD. AGREE THAT
DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU
AND U+ PTE. LTD. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 18
is allowed to create an account or use the Services. We may offer additional
Services with additional terms that may require you to be even older to use
them. So please read all terms carefully.
By using the
Services, you state that:
You can form a
binding contract with U+ PTE. LTD.
You are not a
person who is barred from receiving the Services under the laws of the United
States or any other applicable jurisdiction—meaning that you
do not appear on the U.S. Treasury Department’s list of
Specially Designated Nationals or face any other similar prohibition.
You will comply
with these Terms and all applicable local, state, national, and international
laws, rules, and regulations.
If you are using
the Services on behalf of a business or some other entity, you state that you
are authorized to grant all licenses set forth in these Terms and to agree to
these Terms on behalf of the business or entity.
2. Rights We Grant You
U+ PTE. LTD.
grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive,
revocable, and non-sublicensable license to access and use the Services. This
license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies,
such as our Community Guidelines, allow.
Any software that
we provide you may automatically download and install upgrades, updates, or
other new features. You may be able to adjust these automatic downloads through
your device’s settings.
You may not copy,
modify, distribute, sell, or lease any part of our Services, nor may you
reverse engineer or attempt to extract the source code of that software, unless
applicable laws prohibit these restrictions or you have our written permission
to do so.
3. Rights You Grant Us
Many of our
Services let you create, upload, post, send, receive, and store content. When
you do that, you retain whatever ownership rights in that content you had to
begin with. But you grant us a license to use that content. How broad that
license is depends on which Services you use and the Settings you have
selected.
For all Services
other than Live, Local, and any other crowd-sourced Service, you grant U+ PTE.
LTD. a worldwide, royalty-free, sublicensable, and transferable license to
host, store, use, display, reproduce, modify, adapt, edit, publish, and
distribute that content. This license is for the limited purpose of operating,
developing, providing, promoting, and improving the Services and researching
and developing new ones.
Because Live,
Local, and any other crowd-sourced Services are inherently public and chronicle
matters of public interest, the license you grant us for content submitted to
those Services is broader. In addition to granting us the rights mentioned in
the previous paragraph, you also grant us a perpetual license to create
derivative works from, promote, exhibit, broadcast, syndicate, sublicense,
publicly perform, and publicly display content submitted to Live, Local, or any
other crowd-sourced Services in any form and in any and all media or
distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Live,
Local, or other crowd-sourced content, you also grant U+ PTE. LTD. and our
business partners the unrestricted, worldwide, perpetual right and license to
use your name, likeness, location and voice. This means, among other things,
that you will not be entitled to any compensation from U+ PTE. LTD. or our
business partners if your name, likeness, or voice is conveyed through Live,
Local, or other crowd-sourced Services, either on the Soulmeet application
or on one of our business partner’s platforms.
For more
information about how to tailor who can watch your content, please take a look
at our Privacy
Policy and Support Site.
While we’re not required to do so, we may access, review, screen, and delete
your content at any time and for any reason, including if we think your content
violates these Terms. You alone, though, remain responsible for the content you
create, upload, post, send, or store through the Service.
The Services may
contain advertisements. In consideration for U+ PTE. LTD. letting you access
and use the Services, you agree that we, our affiliates, and our third-party
partners may place advertising on the Services. Because the Services contain
content that you and other users provide us, advertising may sometimes appear
near your content.
We always love to
hear from our users. But if you volunteer feedback or suggestions, just know
that we can use your ideas without compensating you.
4. The Content of Others
Much of the
content on our Services is produced by users, publishers, and other third
parties. Whether that content is posted publicly or sent privately, the content
is the sole responsibility of the person or organization that submitted it.
Although U+ PTE. LTD. reserves the right to review all content that appears on
the Services and to remove any content that violates these Terms, we do not
necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the
Services.
Through these
Terms and our Community Guidelines, we make clear that we do not want the
Services put to bad uses. But because we do not review all content, we cannot
guarantee that content on the Services will always conform to our Terms or
Guidelines.
5. Privacy
Your privacy
matters to us. You can learn how we handle your information when you use our
Services by reading our Privacy Policy. We encourage you to give the Privacy
Policy a careful look because, by using our Services, you agree that U+ PTE.
LTD. can collect, use, and transfer your information consistent with that
policy.
6. Respecting Other People's Rights
U+ PTE. LTD.
respects the rights of others. And so should you. You therefore may
not upload, post, send, or store content that:
violates or infringes
someone else’s rights of publicity, privacy, copyright, trademark, or
other intellectual-property right.
bullies,
harasses, or intimidates.
defames.
spams or solicits
our users.
You must also
respect U+ PTE. LTD.’s rights. These Terms do not grant you any right to:
use branding,
logos, designs, photographs, videos, or any other materials used in our
Services.
copy, archive,
download, upload, distribute, syndicate, broadcast, perform, display, make
available, or otherwise use any portion of the Services or the content on the
Services except as set forth in these Terms.
use the Services,
any tools provided by the Services, or any content on the Services for any
commercial purposes without our consent.
In short: You may
not use the Services or the content on the Services in ways that are not
authorized by these Terms. Nor may you help anyone else in doing so.
7. Respecting Copyright
U+ PTE. LTD.
honors the requirements set forth in the Digital Millennium Copyright Act. We
therefore take reasonable steps to expeditiously remove from our Services any
infringing material that we become aware of. And if U+ PTE. LTD. becomes aware
that one of its users has repeatedly infringed copyrights, we will take
reasonable steps within our power to terminate the user’s account.
We make it easy
for you to report suspected copyright infringement. If you believe that
anything on the Services infringes a copyright that you own or control, please
fill out this form. Or you may file a notice with our designated agent:
U+ PTE. LTD.
Attn: Copyright
Agent
email: upluspte@gmail.com
If you file a
notice with our Copyright Agent, it must comply with the requirements of
related Singapore law. That means the notice must:
contain the
physical or electronic signature of a person authorized to act on behalf of the
copyright owner.
identify the
copyrighted work claimed to have been infringed.
identify the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed, or access to which is to be disabled, and
information reasonably sufficient to let us locate the material. provide your
contact information, including your address, telephone number, location and an
email address.
provide a
personal statement that you have a good-faith belief that the use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law.
provide a
statement that the information in the notification is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the copyright
owner.
8. Safety
We try hard to
keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By
using the Services, you agree that:
You will not use
the Services for any purpose that is illegal or prohibited in these Terms.
You will not use
any robot, spider, crawler, scraper, or other automated means or interface to
access the Services or extract other user’s information.
You will not use
or develop any third-party applications that interact with the Services or
other users’ content or information without our written consent.
You will not use
the Services in a way that could interfere with, disrupt, negatively affect, or
inhibit other users from fully enjoying the Services, or that could damage,
disable, overburden, or impair the functioning of the Services.
You will not use
or attempt to use another user’s account, username, or password
without their permission.
You will not
solicit login credentials from another user.
You will not post
content that contains pornography, graphic violence, threats, hate speech, or
incitements to violence.
You will not
upload viruses or other malicious code or otherwise compromise the security of
the Services.
You will not
attempt to circumvent any content-filtering techniques we employ, or attempt to
access areas or features of the Services that you are not authorized to access.
You will not
probe, scan, or test the vulnerability of our Services or any system or
network.
You will not
encourage or promote any activity that violates these Terms. We also care about
your safety while using our Services. So do not use our Services in a
way that would distract you from obeying traffic or safety laws. For example,
never live video chat and drive. And never put yourself or others in harm’s way just to capture a photo.
9. Your Account
You are
responsible for any activity that occurs in your Soulmeet account. So
it’s important that you keep your account secure. One
way to do that is to select a strong password that you don’t use for any other account.
By using the
Services, you agree that, in addition to exercising common sense:
You will not
create more than one account for yourself.
You will not
create another account if we have already disabled your account, unless you
have our written permission to do so.
You will not buy,
sell, rent, or lease access to your Soulmeet account, a Soulmeet username,
or a friend link without our written permission.
You will not
share your password.
You will not log
in or attempt to access the Services through unauthorized third-party
applications or clients.
If you think that
someone has gained access to your account, please immediately reach out
to upluspte@gmail.com
10. Data Charges and Mobile Phones
You are
responsible for any mobile charges that you may incur for using our Services,
including text-messaging and data charges. If you’re unsure what
those charges may be, you should ask your service provider before using the
Services.
If you change or
deactivate the mobile phone number that you used to create a Soulmeet account,
you must update your account information through Settings within 72 hours to
prevent us from sending to someone else messages intended for you.
11. Third-Party Services
If you use a
service, feature, or functionality that is operated by a third party and made
available through our Services (including Services we jointly offer with the
third party), each party’s terms will govern the respective party’s relationship with you. U+ PTE. LTD. is not responsible or liable
for a third party’s terms or actions taken under the
third party’s terms.
12. Modifying the Services and
Termination
We’re relentlessly improving our Services and creating new ones all the
time. That means we may add or remove features, products, or functionalities,
and we may also suspend or stop the Services altogether. We may take any of
these actions at any time, and when we do, we may not provide you with any
notice beforehand.
While we hope you
remain a lifelong Soulmeetter, you can terminate these Terms at any time
and for any reason by deleting your account.
U+ PTE. LTD. may
also terminate these Terms with you at any time, for any reason, and without
advanced notice. That means that we may stop providing you with any Services,
or impose new or additional limits on your ability to use the Services. For
example, we may deactivate your account due to prolonged inactivity, and we may
reclaim your username at any time for any reason.
Regardless of who
terminates these Terms, both you and U+ PTE. LTD. continue to be bound by
Sections 3, 6, 9, 10, and 13-22 of the Terms.
13. Indemnity
You agree, to the
extent permitted under applicable law, to indemnify, defend, and hold harmless
U+ PTE. LTD., our directors, officers, employees, and affiliates from and
against any and all complaints, charges, claims, damages, losses, costs,
liabilities, and expenses (including attorneys’ fees) due
to, arising out of, or relating in any way to: (a) your access to or use of the
Services; (b) your content; and (c) your breach of these Terms.
14. Disclaimers
We try to keep
the Services up and running and free of annoyances. But we make no promises
that we will succeed.
THE SERVICES ARE
PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION,
WHILE U+ PTE. LTD. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT
REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE,
OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS,
OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU
OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
U+ PTE. LTD.
TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU,
ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR
STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE
EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE
INAPPROPRIATE, NONE OF WHICH U+ PTE. LTD. WILL BE RESPONSIBLE FOR.
15. Limitation of Liability
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, U+ PTE. LTD. AND OUR MANAGING MEMBERS, SHAREHOLDERS,
EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR
ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR
ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B)
THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE
SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN
IF U+ PTE. LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL U+ PTE. LTD.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE
SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID U+ PTE. LTD., IF
ANY, IN THE LAST 12 MONTHS.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO
SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO
YOU.
16. Arbitration, Class-Action
Waiver, and Jury Waiver
PLEASE READ THE
FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND U+ PTE. LTD. TO
AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL
ARBITRATION.
1. Applicability
of Arbitration Agreement. You and U+ PTE. LTD. agree that all claims and
disputes, including all statutory claims and disputes, arising out of or
relating to these Terms or the use of the Services that cannot be resolved in
small claims court will be resolved by binding arbitration on an individual
basis, except that you and U+ PTE. LTD. are not required to arbitrate any
dispute in which either party seeks equitable relief for the alleged unlawful
use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
To be clear: The phrase “all claims and disputes” includes claims and disputes that arose between us before the
effective date of these Terms.
2. Arbitration
Rules. The related HK arbitration act governs the interpretation and
enforcement of this dispute-resolution provision. Arbitration will be initiated
through the Hong kong International Arbitration Centre (“HIAC”) and will be governed by the HIAC
Arbitration Rules, available here as of the date of these Terms. If the HIAC is
not available to arbitrate, the parties will select an alternative arbitral
forum. The rules of the arbitral forum will govern all aspects of this
arbitration, except to the extent those rules conflict with these Terms. The
arbitration will be conducted by a single neutral arbitrator. Any claims or
disputes where the total amount sought is less than $10,000 USD may be resolved
through binding non-appearance-based arbitration, at the option of the party
seeking relief. For claims or disputes where the total amount sought is $10,000
USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
3. Additional
Rules for Non-appearance Arbitration. If non-appearance arbitration is elected,
the arbitration will be conducted by telephone, online, written submissions, or
any combination of the three; the specific manner will be chosen by the party
initiating the arbitration. The arbitration will not involve any personal
appearance by the parties or witnesses unless the parties mutually agree
otherwise.
4. Fees. If you
choose to arbitrate with U+ PTE. LTD., you will not have to pay any fees to do
so. That is because U+ PTE. LTD. will reimburse you for your filing fee and the
HIAC’s Consumer Arbitration Rules provide that any hearing
fees and arbitrator compensation are our responsibility. To the extent another
arbitral forum is selected, U+ PTE. LTD. will pay that forum’s fees as well.
5. Authority of
the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator
and the rights and liabilities, if any, of you and U+ PTE. LTD. The dispute
will not be consolidated with any other matters or joined with any other cases
or parties. The arbitrator will have the authority to grant motions dispositive
of all or part of any claim or dispute. The arbitrator will have the authority
to award monetary damages and to grant any non-monetary remedy or relief
available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award
and statement of decision describing the essential findings and conclusions on
which the award is based, including the calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis that a
judge in a court of law would have. The award of the arbitrator is final and
binding upon you and U+ PTE. LTD.
6. Waiver of Jury
Trial. YOU AND U+ PTE. LTD. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO
TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and U+ PTE. LTD.
are instead electing to have claims and disputes resolved by arbitration.
Arbitration procedures are typically more limited, more efficient, and less
costly than rules applicable in court and are subject to very limited review by
a court. In any litigation between you and U+ PTE. LTD. over whether to vacate
or enforce an arbitration award, YOU AND U+ PTE. LTD. WAIVE ALL RIGHTS TO A
JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
7. Waiver of
Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS
ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE
ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is
deemed invalid or unenforceable, neither you nor we are entitled to
arbitration; instead all claims and disputes will be resolved in a court as set
forth in Section 18.
8. Right to
Waive. Any rights and limitations set forth in this arbitration agreement may
be waived by the party against whom the claim is asserted. Such waiver will not
waive or affect any other portion of this arbitration agreement.
9. Opt-out. You
may opt out of this arbitration agreement. If you do so, neither you nor U+
PTE. LTD. can force the other to arbitrate. To opt out, you must notify U+ PTE.
LTD. in writing no later than 30 days after first becoming subject to this
arbitration agreement. Your notice must include your name and address,
your Soulmeet username and the email address you used to set up
your Soulmeet account (if you have one), and an unequivocal statement
that you want to opt out of this arbitration agreement. You must either
mail your opt-out notice to this address: U+ PTE. LTD., ATTN:
Arbitration Opt-out, 20 MAXWELL ROAD #11-07/08 MAXWELL HOUSE, or email the
opt-out notice to upluspte@gmail.com.
10. Small Claims
Court. Notwithstanding the foregoing, either you or U+ PTE. LTD. may bring an
individual action in small claims court.
11. Arbitration
Agreement Survival. This arbitration agreement will survive the termination of
your relationship with U+ PTE. LTD.
17. Exclusive Venue
To the extent the
parties are permitted under these Terms to initiate litigation in a court, both
you and U+ PTE. LTD. agree that all claims and disputes, including statutory
claims and disputes, arising out of or relating to the Terms or the use of the
Services will be litigated exclusively in the Hong kong District
Court for the Central.
18. Choice of Law
Except to the
extent they are preempted by Hong kong law, other than its
conflict-of-laws principles, Hong kong law govern these Terms and any
claims and disputes arising out of or relating to these Terms or their subject
matter, including tort and statutory claims and disputes.
19. Severability
If any provision
of these Terms is found unenforceable, then that provision will be severed from
these Terms and not affect the validity and enforceability of any remaining
provisions.
20. Additional Terms for Specific
Services
Given the breadth
of our Services, we sometimes need to craft additional terms and conditions for
specific Services. Those additional terms and conditions, which will be
available with the relevant Services, then become part of your agreement with
us if you use those Services.
21. Final Terms
These Terms make
up the entire agreement between you and U+ PTE. LTD., and supersede any prior
agreements.
These Terms do
not create or confer any third-party beneficiary rights.
If we do not enforce
a provision in these Terms, it will not be considered a waiver.
We reserve all
rights not expressly granted to you.
You may not
transfer any of your rights or obligations under these Terms without our
consent.
These Terms were
written in English and to the extent the translated version of these Terms
conflict with the English version, the English version will control.
Contact Us
Soulmeet welcomes
comments, questions, concerns, or suggestions. Please send feedback to us by
visiting https://www.soulmeet.me/